Rep. John D. Anthony
Filed: 4/6/2016
 
 

 

 

 
09900HB4874ham001LRB099 18057 RLC 46942 a



1
AMENDMENT TO HOUSE BILL 4874 




2    AMENDMENT NO. ______. Amend House Bill 4874 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Criminal Code of 2012 is amended  by 
5changing Sections 12C-5 and 12C-10 as follows:
 



6    (720 ILCS 5/12C-5)
  (was 720 ILCS 5/12-21.6)


7    Sec. 12C-5. Endangering the life or health of a child. 

8    (a) A person commits endangering the life or health of a 
9child when he or she knowingly: (1) causes or permits the life 
10or
health of a child under the age of 18 to be endangered; or 
11(2) causes or permits a child to be placed in circumstances 
12that endanger the child's life
or health. It is not a violation 
13of this Section for a person to relinquish a child
in 
14accordance with the Abandoned Newborn Infant Protection Act.

15    (b) A trier of fact may infer that a child 6 years of age or 
16younger is unattended if that child is left in a motor
vehicle 
 
 
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1for more than 10 minutes.

2    (c) "Unattended" means either: (i) not accompanied by a 
3person 12 14 years
of age or older; or (ii) if accompanied by a 
4person 12 14 years of age or older,
out of sight of that 
5person.

6    (d) Sentence. A violation of this Section is a Class A 
7misdemeanor.  A second or
subsequent violation of this Section 
8is a Class 3 felony.  A violation of
this Section that is a 
9proximate cause of the death of the child is a Class
3 felony 
10for which a person, if sentenced to a term of imprisonment, 
11shall
be sentenced to a term of not less than 2 years and not 
12more than 10 years. A parent, who is found to be in violation 
13of this Section with respect to his or her child,  may be 
14sentenced to probation for this offense pursuant to Section 
1512C-15. 

16(Source: P.A. 97-1109, eff. 1-1-13.)

 



17    (720 ILCS 5/12C-10)
  (was 720 ILCS 5/12-21.5)


18    Sec. 12C-10. Child abandonment. 

19    (a) A person commits child abandonment when he or
she, as a 
20parent, guardian, or other person having physical custody or 
21control
of a child, without regard for the mental or physical 
22health, safety, or
welfare of that child, knowingly leaves that 
23child who is under the age of 11 13
without supervision by a 
24responsible person over the age of 12 14 for a period of
24 
25hours or more. It is not a violation of this Section for a 
 
 
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1person to relinquish a child in accordance with the
Abandoned 
2Newborn Infant Protection Act.

3    (b) For the purposes of determining whether the child was 
4left without
regard for the mental or physical health, safety, 
5or welfare of that child, the
trier of fact shall consider the 
6following factors:


7        (1) the age of the child;


8        (2) the number of children left at the location;


9        (3) special needs of the child, including whether the 
10    child is a person with a physical or mental disability, or 
11    otherwise in need of ongoing prescribed medical
treatment 
12    such as periodic doses of insulin or other medications;


13        (4) the duration of time in which the child was left 
14    without supervision;


15        (5) the condition and location of the place where the 
16    child was left
without supervision;


17        (6) the time of day or night when the child was left 
18    without supervision;


19        (7) the weather conditions, including whether the 
20    child was left in a
location with adequate protection from 
21    the natural elements such as adequate
heat or light;


22        (8) the location of the parent, guardian, or other 
23    person having physical
custody or control of the child at 
24    the time the child was left without
supervision, the 
25    physical distance the child was from the parent, guardian, 
26    or
other person having physical custody or control of the 
 
 
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1    child at the time the
child was without supervision;


2        (9) whether the child's movement was restricted, or the 
3    child was
otherwise locked within a room or other 
4    structure;


5        (10) whether the child was given a phone number of a 
6    person
or location to call in the event of an emergency and 
7    whether the child was
capable of making an emergency call;


8        (11) whether there was food and other provision left 
9    for the child;


10        (12) whether any of the conduct is attributable to 
11    economic hardship or
illness and the parent, guardian or 
12    other person having physical custody or
control of the 
13    child made a good faith effort to provide for the health 
14    and
safety of the child;


15        (13) the age and physical and mental capabilities of 
16    the person or persons
who provided supervision for the 
17    child;


18        (14) any other factor that would endanger the health or 
19    safety of that
particular child;


20        (15) whether the child was left under the supervision 
21    of another person.

22    (c) Child abandonment is a Class 4 felony.  A second or 
23subsequent offense
after a prior conviction is a Class 3 
24felony. A parent, who is found to be in violation of this 
25Section with respect to his or her child, may be sentenced to 
26probation for this offense pursuant to Section 12C-15.

 
 
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1(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)".